SUMMARY OF RECOMMENDATIONS

Mr. Frank Yanak, San Francisco regional director, U.S. Civil Service Commission:

(1) This legislation should not be enacted because:

(a) The system's effectiveness would be severely reduced if it were to decline to the status of a pension plan for numerous types of non-Federal service.

(b) It would establish a precedent toward extending retirement credit for almost any type of time during which an employeeemployer relationship did not exist between the Government and the individual.

Mr. David Ushio, national executive director, Japanese-American Citizens League:

(1) This legislation should be enacted because:

(a) During the time spent in these camps, those individuals did in fact perform service for the Federal Government and were paid for these services by the Federal Government.

(b) Since those interned performed work which otherwise would have required Federal Civil Service employees to perform, they saved the government literally millions of dollars.

Mr. Muts Furiya, representative of the Committee for Internment Credit.

(1) This legislation should be enacted to correct the inequities suffered by a small segment of loyal and dedicated Government employees.

(IV)

CIVIL SERVICE RETIREMENT CREDIT FOR JAPANESE AMERICANS INTERNED DURING WORLD WAR II

SATURDAY, MAY 22, 1976

U.S. HOUSE OF REPRESENTATIVES,

COMMITTEE ON POST OFFICE AND CIVIL SERVICE,
SUBCOMMITTEE ON RETIREMENT AND EMPLOYEE BENEFITS,

Washington, D.C.

The subcommittee met in the County Board of Supervisors Chambers, County Building, 70 West Hedding Street, San Jose, Calif., at 9 a.m., Saturday, May 22, 1976, Hon. Richard H. White (chairman of the subcommittee) presiding.

Also present: Hon. Norman Y. Mineta, member of the subcommittee. Staff present: Ronald McCluskey, subcommittee counsel; Robert Lockhart, full committee counsel; and Tony Raymond, staff assistant. Mr. WHITE. The subcommittee will come to order.

Before proceeding with today's hearing, I first want to tell you how enjoyable it has been to be in your beautiful city, to fly in with all the glitter and lights.

I never did realize how much of a megalopolis the areas have become from San Francisco on down. I couldn't figure out where it began and ended as far as San Francisco goes, but it has been delightful. The weather is nice and you all really know how to live down here.

I was first telling you how much I enjoyed coming into this area and enjoying the beauty and the climate and the grandeur of the buildings you have here. I think a lot of areas in this country could certainly take notice of what California has done.

I'm somewhat familiar with California, not with this area. I'm particularly delighted to come to the area of my friend, Norman Mineta, Congressman for this area, who as you all know, has been mayor here. From what I understand of his tour through some medical facilities here, he knew everybody including those sick and walking. He is most popular and I'll tell you, if you didn't already realize it, he is extremely popular in Washington.

I think it is a tribute to him and to the soundness of your judgment that you sent a man to Washington, who in his first year in a class that have been noted for their excellence, was selected to be the president of the freshmen. He served in that capacity in a very cohesive manner, and a very constructive manner.

I have watched him in committees, I've borrowed on his expertise in many areas, especially in insurance matters. He has shown that he knows what he is talking about. It is always nice to have someone who knows what they are talking about.

(1)

And, of course, that is part of our jurisdiction in this particular committee.

I'm very sorry that more of our members could not join us, but three of them have upcoming primaries and of course, that is the season of the year, as you well know, as you have one coming up very shortly yourselves, the Presidential preference primary, and others. They are very heavily committed and Mr. Udall, who is a member of this committee, is still campaigning and probably will be up to June.

But, I can assure you that the testimony taken today will be read and digested by all.

Before calling our first witness this morning, I would defer to Congressman Mineta for any remarks he may wish to make.

I want to first say this, I think really it is unusual for a committee to travel across the country. Because of the high regard I have for Mr. Mineta and the importance of the matters before us, we elected to come to your area. This is a gesture of showing how Government can come to the people, which I think is one of Mr. Mineta's fortes, trying to bring the Government to you.

It is obvious that you did a pretty good job, by looking around at the attendance, Mr. Mineta.

Mr. MINETA. Thank you very much for your kind remarks, Chairman White.

First of all, just as a memento of your having been here, I would like to make a little presentation.

It is not very much, but I hope it might be something that you will have a chance to remember San Jose by.

Mr. WHITE. Thank you very much. That was very unexpected-let me see what it is. Oh, it is a beautiful tie, it says San Jose and is navy, gold, and blue in color. Thank you very much, Norman.

Mr. MINETA. I am, of course, pleased that the subcommittee has decided to conduct these hearings on the problem of retirement credit for those Americans of Japanese ancestry who were interned in socalled "relocation camps" during World War II.

Although there have been many legislative measures introduced over the years which dealt with the issue under discussion today, this is the first time that a congressional committee has held hearings on this matter.

I am extremely pleased that, with your help and especially with your sensitive leadership, the subcommittee on which I have the honor of serving has decided to hold this hearing here in California where there are large numbers of Americans of Japanese ancestry. It is my hope that the subcommittee during the 94th Congress will take the opportunity to resolve just one of the injustices and tragedies suffered by Americans of Japanese ancestry under Executive Order 9066.

I believe that the American tradition of equity and fairness demands that we seek to rectify past wrongs of such magnitude.

To you, Mr. Chairman, for your leadership in this matter and those other matters that do come before our subcommittee and full committee, I just want to thank you very, very much for what you have done for me personally, as well as for the important legislation that comes before us, and for taking the lead in having the hearings on this matter here in California.

Thank you very much.

Mr. WHITE. Thank you very much, Mr. Mineta.

Our first witness this morning will be a representative of the U.S. Civil Service Commission, Mr. Frank Yanak, San Francisco regional director.

Mr. Yanak, you may summarize your testimony if you desire or read it in full as you wish.

STATEMENT BY FRANK YANAK, SAN FRANCISCO REGIONAL DIRECTOR, CIVIL SERVICE COMMISSION, ACCOMPANIED BY DIANE FONG, SECRETARY

Mr. YANAK. Thank you very much Mr. Chairman.

Before I start I would like to introduce to you and the members of the committee, Ms. Diane Fong who is sitting next to me, my executive secretary, and is here to help me capture whatever questions may have to be resolved by furnishing further information for the record.

The San Francisco region of the U.S. Civil Service Commission covers the States of California, Arizona, Nevada, and Hawaii and the Pacific, and within this area there are large numbers of Japanese ancestry.

I appreciate the opportunity to be here and in light of the limited timeframe that we have, we did not have an opportunity to send to you in advance formal testimony because the subject matter has to do with the internment of Japanese Americans during World War II. I would like to make some comments, of course.

At the outset, let me say that I am sympathetic with the premise and the fact that injustice was done to and injury sustained by Japanese Americans by this internment program and I certainly can appreciate the efforts being made to redress these wrongs.

It might be helpful now to give some background that is particularly relevant to the Commission's interest in Japanese Americans who were placed in internment camps during World War II.

Public Law 82-545 of July 15, 1952 granted special benefits for pay purposes to certain of these Japanese Americans.

Briefly, each employee of Japanese ancestry in the Postal Service or subject to the Classification Act of 1949 on the date of enactment of that public law, and who at any time during the period between December 7, 1941 and September 3, 1945, by reason of the policy or program of the United States, or for purposes of entering the Armed Forces, (1) was separated from the Federal service, (2) lost opportunity for, or was denied, probational appointment from a civil service register, or (3) was denied reinstatement to such position, was given the grade, time in grade, and rate of compensation which he would have attained automatically if such a program or policy had not been in effect.

Following, in the fall of 1960, that public law was amended by Public Law 86-782. This law added a grant to such employees of credit for civil service retirement and leave purposes for each period of internment; for each period during which any loss of opportunity for or denial of appointment occurred; each period resulting from

denial of reinstatement; and for each period resulting from separation from the service.

Ordinarily, the Commission would strongly oppose any grant of credit of service credit under the civil service retirement system for periods of non-Federal service.

However, the Commission did not oppose enactment of Public Law 86-782. It took account of the fact that previous public law established the public policy in the cases of certain Japanese Americans who because of their internment, had been deprived of credit for time which otherwise would have been creditable. The Commission took the position that it would have no objection to the extension of that policy to the area of retirement if the Congress decided this should be done.

The Commission took this action with the understanding that crediting periods of non-Federal service toward retirement for this particular deprived group of Japanese Americans would not be construed as precedent for allowing such credit to other groups.

The circumstances under consideration here today are different in that it encompasses Japanese Americans who were neither uprooted from their Federal jobs or denied appointment from the civil service register.

I should like to reiterate that the Commission is sensitive to the injustices done to Japanese Americans by this internment program and appreciates the motives for attempting to redress these wrongs.

It is against this background and backdrop that I feel constrained to explain why the Commission is opposed to extension of retirement credit beyond that already granted by Public Law 86-782.

The civil service retirement system is an integral part of the government's personnel program. It is designed exclusively for the retirement of Federal and District of Columbia employees.

One of its purposes is to provide benefits in the nature of deferred compensation for services received by United States. This guiding concept must be adhered to if the retirement system is to remain a Federal staff plan and an effective instrument of personnel management. The system's effectiveness would be severely reduced if it were to decline to the status of a pension plan for numerous types of non-Federal service or a means of indemnifying persons who have endured hardship or financial loss because of government action. The precedent established by enactment of legislation extending retirement credit that is under consideration here would inevitably generate pressures for, and be urged in support of proposals for extending retirement credit for almost any type of time during which an employee-employer relationship did not exist between the government and the individual.

This is the end of my comments. As you know, I do not have technical expertise on the retirement system, although I have tried hard to come prepared for this meeting.

I would be happy to try and respond to any questions you may have sir.

Mr. WHITE. Mr. Yanak, don't feel bad because a lot of the civil service directors we have up in Washington don't know the answers to our questions that are posed.

Mr. Mineta?

Mr. MINETA. Mr. Yanak, the Civil Service Commission report on H.R. 4787 says that for each Federal employee of Japanese ancestry